Is anyone truly prepared for what lies ahead if they are fired from their job? We wager that most people would answer “no,” but unfortunately, being fired is a common occurrence in Fountain Valley and other major cities throughout California. Some of these incidents are completely justified, but others are a clear case of wrongful termination.
Termination under illegal circumstances can happen to anyone, and there’s no denying that many employers use intimidation, loopholes, and other tactics to remove someone they no longer want on their team. If you suspect that you were wrongfully terminated, you should immediately confirm your eligibility for an employment rights violation claim. If so, you may qualify to receive compensation for the harm that resulted from losing your job.
For more information on filing a wrongful termination lawsuit in California, contact the attorneys of California Labor Law Employment Attorneys Group. We have a wealth of knowledge and experience that can help you succeed in a claim for discrimination, retaliation, breach of contract, and other illegal forms of wrongful termination. Contact our law firm to discuss your case during a free case evaluation.
What is Wrongful Termination?
When you are terminated for reasons that are against state and federal laws, this is known as wrongful termination. For example, you may have been fired based on discrimination of a protected characteristic, like your gender, ethnicity, religion, age, or disability.
The laws also prohibit employers from firing someone because they reported a workplace violation or refused to take a lie detector test. Essentially, there are legal protections that prohibit certain types of terminations and other adverse employment actions.
Still, it can be difficult for the average person to determine if they are a victim of unlawful termination. By speaking to a Fountain Valley wrongful termination lawyer, you can confirm whether your termination was legal and what you can do if your employer committed a labor law violation.
Laws that Protect Workers from Wrongful Termination
California operates under the system of at-will employment, so workers can be fired at any time, for just about any reason. But California employers cannot dismiss an employee on the basis of retaliation and discrimination. Some places also have employment contracts that state a specific term of employment, and this will take precedence over the at-will employment policy.
As a worker in the state of California, you can rely on numerous legal statutes that protect you in the event you are wrongfully terminated by your employer. These include:
Civil Rights Act of 1964
California Fair Employment and Housing Act
Employee Polygraph Protection Act
Occupation Safety and Health Act (OSHA)
Immigration Reform and Control Act
These and other laws protect you from discrimination based on characteristics that are protected by federal and state laws (religion, marital status, gender or gender identity, race, sexuality, etc.). Employers also cannot retaliate against you for engaging in protected activities, like filing a complaint about unsafe working conditions or going to HR to complain about sexual harassment. Others are fired after they come back from extended leave, which they are entitled to under the Family and Medical Leave Act.
As you can see, there are different circumstances that can be used as the basis of a wrongful termination lawsuit. A Fountain Valley lawyer that specializes in California employment laws can educate you on your rights and legal actions that are available to you as someone who was fired illegally.
What can I Receive in a Wrongful Termination Settlement?
Aside from verifying your right to sue for wrongful termination, you need to understand what payments you are entitled to, which are known are known as “damages.” The categories of compensation and how much you can receive in total are subjects we will need to go over with you in person. For now, let’s take a look at the damages we typically obtain on behalf of wrongful termination victims:
Lost wages in the form of back and front pay
Lost job benefits, such as health and life insurance, retirement plan contributions, etc.)
Emotional distress / pain and suffering
Legal fees
Punitive damages
Our employment lawyers have a proven track record of settlements and jury verdicts on behalf of our valued clients. We will fight tirelessly to bring you maximum payment from an unlawful termination lawsuit and ensure that your employer’s conduct does not go unpunished.
The Government Agencies that Handle Employment Rights Cases
If you are eligible for a labor law violation complaint against your employer, you will need to start the process by filing a claim with one of two government agencies: the Equal Employment Opportunity Commission (EEOC) or the California.
Department of Fair Employment and Housing (DFEH). Based on why you were terminated, you may need to file a claim with both agencies. To ensure that you get this right, seek help from a lawyer with experience in wrongful termination complaints.
Once your claim is processed by the agency, they will investigate the allegations and decide what actions to take against your employer. This may include sending you a Right to Sue notice, which allows you to file a civil claim and sue your employer for monetary damages. For a detailed explanation on the process of filing a wrongful termination claim with state and federal agencies, give us a call and schedule a time to speak with one of our attorneys.
Deadlines to Keep in Mind
Claims regarding employment law violations are subject to a statute of limitations, meaning you have a limited amount of time to initiate a legal case. These deadlines are based on the type of claim you are filing, and which agency is handling your case. Here are some important deadlines to stay on top of as you pursue a wrongful termination case:
You have 300 days from the date of violation to file a complaint with the EEOC
The deadline to file a lawsuit after receiving a Right to Sue notice from the EEOC is 90 days
The statute of limitations to file a DFEH claim for illegal termination is 1 year.
From the date of the Right to Sue notice from the DFEH, you have 1 year to file a lawsuit.
It you do not file a claim by the applicable deadline, you will lose the chance to seek compensation from your employer, meaning they cannot be sued, even if you have clear evidence showing that you were wrongfully terminated.
Contact Our Law Firm
A wrongful termination does not have to be tolerated by those who were unfairly dismissed from their job. We can help you find evidence, build a strong case, and fight for the justice you deserve by law.
We can do all this, by the way, without charging you a single cent upfront. All of our expenses are included in your settlement check, meaning we have to win your case in order to get paid. So, if we fail to resolve the case in your favor, there is no impact on your finances whatsoever.
Please contact our office as soon as possible and schedule a free case review with one of our legal experts.
